Nathiben Somchandbhai Solanki vs Gujarat Metro Rail Corporation
2024 Latest Caselaw 772 Guj

Gujarat High Court

Nathiben Somchandbhai Solanki vs Gujarat Metro Rail Corporation on 30 January, 2024

Author: Sunita Agarwal

Bench: Sunita Agarwal

                                                                                NEUTRAL CITATION




      C/SCA/3239/2020                             ORDER DATED: 30/01/2024

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            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/SPECIAL CIVIL APPLICATION NO. 3239 of 2020
                                  With
              R/SPECIAL CIVIL APPLICATION NO. 3240 of 2020
                                  With
              R/SPECIAL CIVIL APPLICATION NO. 3241 of 2020
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                        NATHIBEN SOMCHANDBHAI SOLANKI
                                    Versus
                        GUJARAT METRO RAIL CORPORATION
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Appearance:
MR VICKY B MEHTA(5422) for the Petitioner(s) No. 1
for the Respondent(s) No. 1
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 CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE
       SUNITA AGARWAL
       and
       HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE
                   Date : 30/01/2024
                    ORAL ORDER

(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)

1. Heard Ms. Neha J. Ladhani, the learned advocate holding

brief of Mr. Vicky B. Mehta, the learned advocate appearing for

the petitioners and perused the record.

2. As the issue raised in above noted three writ petitions are

same, they have been heard together and are being decided by

this common judgment.

3. The petitioners herein are seeking rehabilitation and

resettlement benefits as per the policy framed by the respondent

namely, Gujarat Metro Rail Corporation for execution of metro

rail project where under the policy has been framed for non-

NEUTRAL CITATION

C/SCA/3239/2020 ORDER DATED: 30/01/2024

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titleholder family of squatters (homestead purpose). A perusal of

the information brochure at page '14' of the paper book indicates

that for possession of such affected persons for residential

purpose, the compensation was required to be calculated as per

the computation given therein. It may further be noted that the

claims of the resettlement of the petitioners cannot be

entertained for the reason that settlement in a tenement for an

area of 36.5 sq. mts. at the place mentioned therein was in lieu

of compensation to the affected persons. It is admitted fact of the

matter that the petitioners herein have received compensation at

the time of displacement from the place in question. The project

had commenced in the month of March-2015 and phase one of

the project had been completed by the year 2020. The writ

petitions are filed in the year 2019 and 2020 with the relief for

grant of rehabilitation and resettlement benefits, much after the

receipt of the compensation, therefore, cannot be entertained.

All the above noted writ petitions are accordingly,

dismissed.

(SUNITA AGARWAL, CJ )

(ANIRUDDHA P. MAYEE, J.) KAUSHIK D. CHAUHAN